Except as hereinafter provided:

   (a)   No land or building shall be used or intended for any use other than those permitted in the district wherein such land or building is located.

   (b)   No building shall be erected, reconstructed, or enlarged, structurally altered, or moved, in such manner as to evade conformity with height, bulk, yard, lot area and other regulations for the district wherein such building is located.

   (c)   Every building hereafter erected, reconstructed, enlarged, structurally altered or moved shall be located on a lot as herein defined, and in no case shall there be more than one principal building on one lot, except in Planned Residential Developments and Commercial Zoning Districts.

   (d)   No yard, provided adjacent to a building for the purpose of complying with the provisions of this Zoning Ordinance, shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot.

   (e)   No street or walkway shall serve as any part of a required yard or minimum lot area.

   (f)   No yard shall be so diminished as to make its width or depth less than the dimensions required by this Zoning Ordinance.

   (g)   Along any boundary line between districts, an abutting side yard or rear yard in the less restricted district shall have a minimum required width or depth equal to the average of the required minimum widths and depths for such yards in the districts adjoining said boundary line.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   Whenever the use of a building or land becomes non-conforming through a change in the Zoning Ordinance or district boundaries, such use may be continued.

   (b)   If a non-conforming use of any building or lot is discontinued for a period of one year, the use of the same shall thereafter conform to the use permitted in the district in which such building or lot is located.

   (c)   A non-conforming building that is partially destroyed or damaged, exclusive of the foundation, to an extent less than 50% of its reproduction value at the time of damage, by fire, flood, earthquake, explosion, riot, war or Act of God or of the public enemy, may be restored and the use of the building resumed in accordance with the other provisions of this section, provided that the restoration and resumption shall take place within six months from the time of such damage or destruction.

   (d)   The extension of a lawful use to any portion of a non-conforming building or structure which existed prior to the enactment of this Zoning Ordinance shall not be deemed as the extension of such non-conforming use.

   (e)   No non-conforming use shall displace a conforming use.

   (f)   A non-conforming use may not be changed to another non-conforming use unless the Board of Zoning Appeals, on appeal, determines that the proposed use is less in conflict with the character and uses in the district than the existing non-conforming use.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   Nothing in this chapter shall prevent the strengthening, or restoring to a safe condition, of any part of any structure declared unsafe by the County Building Inspector, or from compliance with any lawful requirement.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   No accessory building shall be erected in front of the front building line or in any required side yard established by this Zoning Ordinance. No portion or part of any accessory structure/building shall be constructed within 15 feet of a side and rear lot line or required front yard.

   (b)   No accessory building/structure shall be erected less than 15 feet from any principal building. Exception: A pergola, which may be constructed closer than 15 feet to the principal building.

   (c)   Accessory buildings shall be permitted as follows:

      (1)   Exterior building materials shall be of a similar type as the principal building and complimentary in design.

      (2)   The accessory building shall be permanently affixed to the land by means of pole structures, footers or a concrete slab not less than four inches in thickness.

      (3)   The maximum height shall be 15 feet.

      (4)   The combined floor area of accessory buildings shall not exceed the following:

 

 

   (d)   On a corner lot, no accessory structure/building shall project beyond the front yard line on either street.

   (e)   No accessory structure/building shall be constructed on a lot until construction of 50% or more of the principal building has been completed.

   (f)   Every dwelling shall provide for an enclosed, private garage with at least two parking spaces being provided for each one-family dwelling and for each unit of a multifamily dwelling. Parking facilities in the basement of the foregoing structures may be used in lieu of an accessory building.

(Ord. 2013-01. Passed 2-5-13; Ord. 2013-06. Passed 6-4-13; Ord. 2019-04. Passed 4-2-19.)

   The storage of flammable and combustible liquids shall be in compliance with State and National Fire Code Regulations, which shall be enforced by the Fire Chief, who will issue permits based on proposed proper compliance.

(Ord. 2013-01. Passed 2-5-13.)

   On double frontage lots, the required front yard shall be provided on both streets.

(Ord. 2013-01. Passed 2-5-13.)

   On any corner lot, no fence, wall or other structure, and no shrubbery, planting or other obstruction to vision, exceeding in height two feet above the established street grades, shall be erected or maintained within 30 feet of the point of intersection of the two street lot lines.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   Prior to obtaining a zoning permit, it is advisable to locate the property boundary pins. No fence or wall shall be erected that exceeds four feet in height in any required yard, or that exceeds six feet in height in any other area of the lot. No vision-impairing fence or wall exceeding 24 inches in height shall be located within 20 feet of a street right-of-way. The permitted height of any such fence shall be measured based on the contour of the lot. See Exhibit VII.

   (b)   The finished side of a fence or wall shall face outward from the property on which the fence or wall is located. The side of a fence or wall containing the posts or poles and/or other bracing appurtenances shall face inward to the property being fenced or walled in.

   (c)   When erected near a property or lot boundary line, all of the fence or wall and any of its supporting structures or appurtenances shall be contained within the lot or property of the person erecting or having erected said fence or wall. If such fence or wall is erected within three feet of an adjoining property line, an easement from the property owner(s) of the adjoining property shall be obtained that legally grants access across their property for maintenance of the wall or fence. If a wall or fence is constructed along the property line of neighboring parcels, a mutual easement of access for maintenance purposes shall be granted by both property owners. Any and all easements required by this section shall be required to be duly recorded prior to the issuance of a zoning permit.

   (d)   No fence in any required yard, other than a rear yard, shall be constructed of chain link, wire, wire mesh or stockade fencing material. Concrete or cinder block walls shall not be permitted in any district unless the face walls are improved with brick, natural cut stone, or similar façade treatments. The painting of the façade of any concrete or cinder block wall shall not constitute an acceptable façade treatment.

   (e)   Fences and walls shall be designed and be of such materials that are compatible and harmonious with the architectural design of the principal building or structure on a lot. Any questions, concerns or disputes pertaining to the architectural compatibility, suitability and appropriateness of a fence or wall shall be referred to the Planning and Zoning Commission for their final determination on the matter.

   (f)   Prohibited fences. Fences shall not be permitted in the front yard, or side yard on a corner lot, except that an ornamental fence may be located in the front yard and/or side yard on a corner lot. No more than two ornamental fences shall be allowed in the front yard or side yard on a corner lot.

      (1)   For the purposes of this section, “front yard” shall be defined as the area bounded by a line parallel to and even with the front facade of the principal structure on a lot and extending to the lateral boundaries of the lot and the line establishing the right-of-way of the street upon which the lot is located.

      (2)   For purposes of this section, “side yard on a corner lot” shall be defined as that area bounded by a line parallel to and even with the side facade of the principal structure that faces a street or corner lot and extending laterally to the edges of the lot, and the line establishing the right-of-way of the street which is adjacent to the lot.

      (3)   An ornamental fence shall posses all of the following characteristics:

         A.   Possesses no utilitarian purpose or value.

         B.   Has a height no greater than 36 inches for fencing components and 48 inches for newel posts.

         C.   Is of a unique character or design used to enhance the aesthetics of the landscaping.

         D.   Does not close or enclose any area of the lot.

         E.   Does not have more than two walls or panels with each wall or panel being nor more than eight feet in length.

         F.   Is in close proximity to the principal structure relative to the area of the front yard.

   (g)   No fence or wall on a corner lot shall interfere with the site distance triangle required by Section 1272.07.

   (h)   All fences and walls shall be maintained in good condition and structurally sound at all times.

   (i)   No fence shall be erected prior to obtaining a zoning permit for same from the Zoning Inspector.

(Ord. 2013-01. Passed 2-5-13; Ord. 2014-09. Passed 12-2-14.)

   (a)   The term “swimming pool,” as used in this section, means any in-ground or above-ground pool that is constructed for the purpose of swimming or wading and has a capacity for water depths that exceed 18 inches.

   (b)   Prior to beginning construction of any pool, a zoning permit shall be obtained.

   (c)   Private residential pools shall be designed and intended for the use of the residents of a single household and their relatives and friends without payment of any fee and shall not necessitate the provision of parking spaces, dressing and restroom facilities, or other services and facilities not normally available in the dwelling.

   (d)   All pools shall be located within an enclosed structure or completely surrounded by a fence or wall not less than four feet in height above the finished grade prior to putting water in the pool. The pool enclosures shall comply with the following requirements:

      (1)   All fences and other pool enclosures shall comply with all appropriate requirements for fences or walls as contained herein.

      (2)   All fences and other pool enclosures shall be constructed so as to have no openings, holes, or gaps larger than three inches in width, except for doors, gates, and windows, which shall be equipped with suitable locking devices to prevent unauthorized access. Access secured accessory buildings and walls of primary buildings may be used in or as part of the enclosures.

      (3)   Above-ground pools having vertical surfaces of at least four feet above the finished grade shall be required to have fences, enclosures and secured gates at the access point of the pool.

   (e)   No swimming pool shall be erected in front of the front building line or in any required side yard established by this Ordinance. No portion or part of any swimming pool shall be constructed within 15 feet of a side and rear lot line or required front yard. No swimming pool shall be erected less than 15 feet from the principal building.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   (a)   Junk Motor Vehicles. Motor vehicles meeting the requirements set forth in Section 660.07 of these Codified Ordinances for a junk motor vehicle shall not be left on any private property for more than 72 hours, unless parked in an enclosed structure.

   (b)   Disabled Motor Vehicle Parts. Vehicle parts from any vehicle including but not limited to, cars, farm tractors, garden tractors or any other motor vehicle, shall not be permitted to be left out in the open on private property for more than 72 hours.

   (c)   Trash. Any item or items no longer usable that would tend to cause the attraction of any type of animal or person shall not be permitted to remain on any private property for a period of time exceeding seven days. The storage of trash or waste materials, including but not limited to discarded household goods, discarded commercial products, industrial by-products, and other similar materials, shall not be visible from the property line on which such materials are being stored or otherwise placed. All such materials shall be housed in an appropriate container or enclosure, excepting trash that is properly placed in an appropriate enclosed container at an assigned location for regularly scheduled trash pickup. Trash and/or garbage or containers containing such items shall not be placed for pickup more than 24 hours in advance of the regularly scheduled pickup time.

   (d)   Vehicles and Trailers. In residential districts, no vehicles greater than one-ton payload capacity, or trailers longer than 20 feet in length, shall be stored or parked. Notwithstanding the foregoing, vehicles and trailers may be parked for temporary periods of conducting maintenance and construction operations. There is a limit of one truck and one trailer.

   (e)   Noncommercial Trailers. In residential districts, no trailer, other than boat trailers as included in subsection (f) hereof, longer than 20 feet shall be stored or parked.

   (f)   Boats, Boat Trailers, Recreational Vehicles and Camping Trailers. Boats and their trailers, recreational vehicles and camping trailers may be parked from April 1 to November 1. They cannot be stored from November 2 to March 31, unless stored in an enclosed garage.

(Ord. 2013-01. Passed 2-5-13; Ord. 2022-04. Passed - - .)

   (a)   No person shall house, feed, own or keep a hog, swine or mink within the Village.

   (b)   No person shall house, feed, graze, own or keep any chicken, poultry or other fowl, rabbits, hoofed quadrupeds or other animals, except a domestic household pet, within 200 feet of any side or rear property line, nor upon any land containing less than two acres or within 20 feet of any reservoir or stream, public sidewalk, right-of-way or thoroughfare within the Village.

   (c)   No person shall house, feed, graze, own or keep more than one four-hoofed quadruped or other animal except a domestic household pet for each two acres of land used for such purpose; however, if such property is less than five acres in total, then no animal shall be housed, fed, grazed, owned or kept upon the property except a domestic household pet.

   (d)   Under no circumstances shall any chicken, poultry, or other fowl, rabbit, hoofed quadruped, or domestic pet be permitted to become offensive to the surrounding area or to the general public either by offensive odor, habits, noise, or by any other means.

   (e)   Household Pets. Household pets are permitted in all land use districts where residential uses are allowed subject to the following provisions:

      (1)   Up to three dogs or cats or any combination thereof may be kept as household pets. Livestock and roosters are not permitted to be kept as household pets.

      (2)   No animals are permitted to run at large, but shall be, at all times, confined within a suitable enclosure, kept within the main building, or otherwise be under the control of the owner of the property.

      (3)   Animal enclosures, pen, or runs shall not be located within the front yard, as defined in this Code.

      (4)   Newborn and baby animals up to the age of ten weeks shall not be counted in determining compliance with the numerical limits of this subsection.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   Mobile homes and manufactured homes all as defined herein shall not be a permissible use as a principal building or as an accessory building in any Zoning District. A mobile home or trailer may be used as a temporary office or building incidental to construction or development of the premises on which the mobile home or trailer is located, but only during the time construction or development is actively underway, not to exceed 18 months. Upon approval by Council, one or more mobile homes or trailers may be used during states of emergency and any ensuing period of time as determined by Council.

   (b)   MOBILE HOME means a structure that:

      (1)   Is intended for residential or nonresidential use, which is designed to permit its conveyance upon a public street by means of integral structural elements consisting of a permanent chassis attached to axles(s) wheels and towing hitch; or

      (2)   Is manufactured at an off-site facility and is subsequently transported to a permanent or semi-permanent site where its components are then set onto a foundation and connected to utilities; or

      (3)   Is defined as a manufactured home under the provisions of the Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq., and any amendments thereto or regulations in supplement thereof, whether or not the design of the structure has been approved and/or certified by the U.S. Department of Housing and Urban Development.

(Ord. 2013-01. Passed 2-5-13.)

   In the event of an emergency, or the imminent threat of an emergency, which would adversely affect the safety, health and welfare of residents, the Council may pass a resolution temporarily suspending the enforcement of the specified sections of this Zoning Ordinance, provided:

   (a)   The suspension is limited in time to the duration of the emergency and its aftermath; and

   (b)   The specific sections of the Zoning Ordinance are enumerated in the resolution, and only those sections that would immediately impede the preparation for or response to the emergency are suspended; and

   (c)   The resolution sets forth the nature of the emergency and determinations of Council as to the necessity of the suspension.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   Outdoor wood burning furnaces and outdoor wood fired hydronic heaters are not permitted in any district. The operation of an outdoor wood burning furnace or outdoor wood fired hydronic heater is declared to be a nuisance due to the emission of large volumes of hazardous, noxious and offensive effluent, smoke and cinders.

(Ord. 2019-04. Passed 4-2-19.)